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April 28, 2017 Posted in Landlord/Tenant Law Share

In New York, landlords are entitled to demand a security deposit from their tenants — typically equivalent to 1 month’s rent — that will provide a form of collateral to the landlord for any excessive damage caused to the premises (or to cover a situation in which the tenant abandons the premises without paying for the remaining term of the lease).  Security deposit issues frequently give rise to disputes, in part because the security deposit amount itself may be substantial in relation to the total rent, but more often because the tenant may disagree with the landlord as to whether the any damage has been caused to the premises that would justify the landlord withholding the deposit.

April 27, 2017 Posted in Landlord/Tenant Law Share

When a property is rented to a tenant, the landlord (or an agent thereof) is required to disclose certain details of the property and of the lease itself so that the tenant is fully informed as to dangers or habitability issues prior to taking on the lease.  Though New York statutory law is fairly limited with regard to the specific disclosure requirements it imposes on landlords in the state, fundamental aspects of contract law (i.e., avoidance of fraud) and real estate law (i.e., the warranty of habitability) may give rise to broader disclosure requirements.

By Stephanie Wiegand, Esq. January 25, 2017 Posted in Community Association Law, Landlord/Tenant Law Share

This past week, the Supreme Court of New Jersey issued a decision that could require the municipalities of New Jersey to reconsider their affordable housing accommodations. In a unanimous 6-0 decision, written by Justice Jaynee LaVecchia, the Court defined how the municipalities in New Jersey are to calculate their respective needs for affordable housing.

January 11, 2017 Posted in Landlord/Tenant Law Share

A rent abatement is a court ordered remedy for a "habitability" issue. Essentially a portion of the tenant's rent is written off by the court because it is determined that the leased premises did not meet certain standards of living for some period of time.  

December 21, 2016 Posted in Landlord/Tenant Law Share

In New Jersey, as with most other states, there are various rules and regulations governing a tenant’s early termination of their lease.  Tenants who breach their lease agreement and terminate their lease early may suffer from monetary consequences as tenants are required by law to pay rent for the full term of their lease, or for the period of time until the landlord finds a replacement tenant.  As a landlord, if your tenant has terminated their lease early, you may be able to recover damages for the financial losses suffered as a result.

December 7, 2016 Posted in Landlord/Tenant Law Share

In New Jersey, as with nearly every state, it is illegal for a landlord to retaliate against a tenant in response to that tenant’s exercise of a legal right.

November 18, 2016 Posted in Landlord/Tenant Law Share

It is common practice for some landlords to conduct credit checks and criminal history checks for new applicants.  While credit checks have remained fairly free from criticism, criminal background checks have received scrutiny from some courts, government agencies, and legislators. 

November 10, 2016 Posted in Landlord/Tenant Law Share

In the state of New York, housing applicants are protected from discrimination under applicable federal, state, and local fair housing laws.  Though a landlord may reject a housing applicant on the basis of certain limited criteria, a landlord may not deny an individual the right to purchase or rent housing on the basis of statutorily-defined discrimination criteria.

November 4, 2016 Posted in Landlord/Tenant Law Share

On April 4, 2016, the U.S. Department of Housing and Urban Development (hereafter “HUD”) released “guidance” on criminal background checks and the Fair Housing Act. This advisory opinion describes that arrest, conviction, and criminal background statistics are all largely disproportionate in terms of race. Therefore, criminal background checks are being reviewed as having a potential “disparate impact” (Fair Housing Act definition meaning “unintentional” impact) on this protected class, regardless of whether a background check policy is non-discriminatory on its face.